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1997 Supreme(Gau) 28

J.N.SARMA
Ajgarh Ali His Legal Heirs Mustt Joynab Bewa – Appellant
Versus
Abdul Siddique – Respondent


Advocates Appeared:
S.N.Bhuyan, H.N.Sharma, B.K.Talukdar

This review application was assigned to me by Hon'ble Chief Justice vide order dated 3.2.96 and accordingly this matter was heard by me on 9.10.96. Heard Mr. SN Bhuyan, learned counsel for the review petitioners and Mr. HN Sarma, learned counsel for opposite party.

2. The question of law which is involved in this review application is whether the bar to the jurisdiction of the civil Court as mentioned in section 154 (1) (a) of the Assam Land and Revenue Regulation, 1886 is applicable to the facts of the present case. The learned Single Judge by his impugned judgment held that the civil Court has no jurisdiction to entertain the suit and the same should have been dismissed. Accordingly, he allowed the appeal and reversed the judgment and decree of the Court below and dismissed the suit.

3. The brief facts are as follows : The review petitioner as plaintiff filed a suit in the Court of Mufisiff at B arpeta for declaration of their title in the suit land and delivery of khas possession. The case of the plaintiffs was that they were granted Annual Patta in respect of the suit land in the year 1964-65 and since then they have been in possession of the land, thpugh Annual Patta was not ren


















































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